This chapter establishes the overall structure for the application, processing, review, and action on permit applications and identifies and describes those permits and other approvals required by this zoning code. (Ord. 24-01 §2(Exh. A-1)).

A.    Zoning Clearance. A zoning clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this zoning code, or for any use or activity which requires a building permit. No building permit shall be issued until a zoning clearance has been obtained from the director, and any other necessary permits required by this zoning code and municipal code have been issued and have become effective. A zoning clearance shall not be required when another development permit has already been required.

B.    Administrative Use Permit. An administrative use permit shall be obtained for any of the uses that require an administrative use permit as established in Division 2 (Zones, Allowable Uses, and Development Standards). The director may impose such conditions as deemed necessary to uphold the purposes and intent of this zoning code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

C.    Conditional Use Permit. A conditional use permit shall be obtained for any of the uses that require such a permit as established in Division 2 (Zones, Allowable Uses, and Development Standards). The commission or council may impose such conditions as they deem necessary to uphold the purposes and intent of this zoning code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

D.    Development Agreement. A development agreement allows larger scale and long-term development projects that provide benefits to the city to be allowed to have some guarantees and commitments from the city; provided, that the development provides commitments and guarantees to the city in return. A development agreement shall be governed by the provisions of Government Code Section 65865.

E.    Development Plan Review Permit.

1.    The development plan review permit and process are intended to allow the use of special design criteria for maximum utility of a site and to allow maximum design flexibility within the density limitations provided in Chapter 17.18 (Combining Zones). Residential developments with a combined zone are encouraged to implement variations from normal zoning standards. Through the development plan process, special design standards may be established which regulate the subdivision rather than the typical standards of the base zone district.

2.    All developments in a combined zone district shall be subject to the requirements established in Chapter 17.96 (Development Plan Review Permit). The commission or council may impose such conditions as they deem necessary to uphold the purposes and intent of this zoning code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

F.    Site Plan Review Permit. The site plan review permit and process are intended to ensure that proposed developments are reviewed for their design, compatibility with surrounding uses, and conformity with the provisions of this title and the general plan. The development review committee and affected public agency representatives may impose conditions as deemed necessary to secure the purposes of this zoning code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with.

G.    Variance Permit. A variance permit may be granted in conjunction with another permit, such as conditional use permit or site plan review permit, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this code. A variance permit is intended in those situations where the strict interpretation of the code may result in practical difficulty or unnecessary hardship due to the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

H.    Minor Deviation Permit. A minor deviation permit may be granted, upon written request, as an administrative matter by the director and subject to conditions that may be imposed. A minor deviation permit may be issued with another permit, such as conditional use permit, site plan review permit, building permit, or zoning clearance, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this code.

I.    Temporary Use Permit. A temporary use permit for a term period not to exceed twelve consecutive months may be issued for any of the uses for which this title requires the permits. The director may issue a temporary use permit as an administrative function and may impose conditions as deemed necessary to uphold the purposes of this zoning code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with.

J.    Home Occupation Permit. A home occupation permit may be issued for certain uses in a residential zone so long as this use is consistent with the definition, operation, and appearance of a home occupation. (Ord. 24-01 §2(Exh. A-1)).

A land use on property that complies with the permit requirement or exemption provisions of this zoning code shall also comply with the permit requirements of other municipal code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this zoning code shall eliminate the need to obtain any permits required by any other municipal code provisions, or county, regional, state, or federal regulations. (Ord. 24-01 §2(Exh. A-1)).

Before a planning permit is processed, the applicant shall submit a completed application form and pay the application fee. The director shall determine the application form and its contents. (Ord. 24-01 §2(Exh. A-1)).

The director, other city officials, affected public agency representatives, commission, or city council may require an applicant to submit additional information necessary to ensure compliance with local, state, or federal laws; process an application; interpret this title, or to decide regarding the issuance of a permit. (Ord. 24-01 §2(Exh. A-1)).

A.    The rates and fees for zoning related activities, permits, and violations shall be set in the master fee schedule as adopted by resolution of the city council, which may include but are not limited to:

1.    Zoning clearance letters;

2.    Site plan reviews;

3.    Development plan review;

4.    Development agreements;

5.    Administrative use permit;

6.    Conditional use permit;

7.    Variance permit;

8.    Minor deviation permit;

9.    Temporary use permit;

10.    Modification and revocation of planning permits;

11.    Ordinance text amendments and rezones;

12.    Appeals; and

13.    Any other planning permit as required by this code.

B.    The director shall review the fee schedule and recommend fee adjustments as deemed necessary. (Ord. 24-01 §2(Exh. A-1)).

Zoning clearance is the procedure used by the city to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure. (Ord. 24-01 §2(Exh. A-1)).

A zoning clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this code, or for any use or activity which requires a building permit. A zoning clearance shall not be required when the building permit was issued via the approval of another planning permit, e.g., site plan review, conditional use permit, or development plan. (Ord. 24-01 §2(Exh. A-1)).

No building permit shall be issued until a zoning clearance has been obtained from the planning division, and any other necessary permits required by this title have been issued and have become effective. (Ord. 24-01 §2(Exh. A-1)).

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this chapter as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A reasonable accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. (Ord. 24-01 §2(Exh. A-1)).

A.    Eligible Applicants. The following persons may submit a request for reasonable accommodation:

1.    A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2.    A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. Also see other disabilities covered under the Acts.

B.    Eligible Requests. Requests for reasonable accommodations shall comply with the following:

1.    A request for reasonable accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

2.    A request for reasonable accommodation shall comply with Section 17.76.030 (Application filing, processing, and review). (Ord. 24-01 §2(Exh. A-1)).

A.    Application. An application for a reasonable accommodation shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date application handout for reasonable accommodation applications, together with the required fee in compliance with the fee schedule.

B.    Filing With Other Land Use Applications. If the project involves both a request for reasonable accommodation and some other discretionary approval (e.g., conditional use permit), the applicant shall file the information required by subsection A of this section (Application), together with the materials required for the other discretionary approval.

C.    Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.76.040 (Findings and decision).

D.    Review Authority. The review authority for reasonable accommodation applications shall be as follows:

1.    Director. A request for reasonable accommodation shall be reviewed, and a decision shall be made by the director if no other discretionary approval is required or submitted for concurrent review.

2.    Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the review authority reviewing the discretionary land use application.

E.    Review Procedures. Reasonable accommodations applications shall be reviewed as follows:

1.    Director’s Review. The director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for reasonable accommodation in compliance with Section 17.76.040 (Findings and decision).

2.    Other Review Authority. The written decision on a reasonable accommodation application shall be made by the review authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve, conditionally approve, approve with modifications, or deny the request for reasonable accommodation shall be made in compliance with Section 17.76.040 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).

The decision to approve, conditionally approve, approve with modifications, or deny a request for reasonable accommodation shall be based on consideration of all of the following factors:

A.    Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

B.    Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C.    Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

D.    Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning;

E.    Whether there are potential health and safety or environmental impacts on surrounding uses;

F.    Whether physical attributes of the property and structures necessitate reasonable accommodation; and

G.    Whether alternative reasonable accommodations may provide an equivalent level of benefit. (Ord. 24-01 §2(Exh. A-1)).

In approving a request for reasonable accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by Section 17.76.040 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).

A.    Revocation. An approval or conditional approval of an application made in compliance with this chapter may be conditioned to provide for its revocation or automatic expiration under appropriate circumstances (e.g., the disabled individual vacates the subject site), unless allowed to remain in compliance with subsection B of this section (Discontinuance).

B.    Discontinuance. The following standards shall apply to reasonable accommodation applications:

1.    A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for at least one hundred eighty consecutive days.

2.    If the person(s) initially occupying a residence vacates, the reasonable accommodation shall remain in effect only if the review authority first determines that:

a.    The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this zoning code; or

b.    The accommodation is to be used by another qualifying individual with a disability.

3.    The review authority may request the applicant or the successor(s) in interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within ten days of the date of a request by the review authority shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. (Ord. 24-01 §2(Exh. A-1)).

This chapter intends to allow for home occupations if their effects on residential neighborhoods are undetectable from the usual residential activity and that the activities are not detrimental to the residential character of the neighborhood in which they are located. (Ord. 24-01 §2(Exh. A-1)).

A home occupation permit is required to establish a home-based business operation as identified in Section 17.40.040 (Home occupation). The home occupation permit shall be issued by the director who may establish reasonable conditions to mitigate potential adverse impacts. An application for a home occupation permit shall be in a form prescribed by and filed with the division. The application shall be complete and appropriate fees paid at the time of filing. No business license shall be issued to the applicant by the finance department until the home occupation permit is approved and issued by the division. (Ord. 24-01 §2(Exh. A-1)).

A.    The director shall review home occupation permit applications and approve, approve with conditions, or deny the permit in compliance with the criteria for home occupations specified in Section 17.40.040 (Home occupation).

B.    The director shall mail a notice to all property owners within one hundred feet of the property line advising them of a request for a home occupation permit. Residents within the one-hundred-foot notice shall be given ten days to submit comments regarding the home occupation permit application request. The director may consider written comments from affected property owners as part of the final decision on the home occupation permit request.

C.    The director shall prepare a home occupation agreement specifying the conditions of the home occupation permit. (Ord. 24-01 §2(Exh. A-1)).

The decision of the director may be appealed to the commission in compliance with the procedures established in Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).

The director may add conditions to the home occupation to protect the public’s health, safety, or welfare, or meet the intent of this title and the general plan. The director is hereby authorized and directed to enforce the provisions of all administrative home occupation permits authorized by this section. Annual inspections may be made of each home occupation permit to ensure compliance with the regulations established by this section. In the event of complaints allegedly resulting from the conduct of a home occupation, the code enforcement officer shall cause to be inspected to determine the validity of the complaint. (Ord. 24-01 §2(Exh. A-1)).

A home occupation permit may be revoked or modified in compliance with Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).

The purpose of the site plan review permit is to provide a process that enables the director to make necessary findings that are in conformity with the city’s general plan, applicable specific plan, municipal code and other applicable plans, standards, and policies, as determined by the development review committee, the director or when deemed necessary and desirable, by the commission. More specifically, a site plan review permit is necessary to enable the director, other city officials, and public agencies to ensure the following:

A.    The proposed development is in conformance with the general plan, zoning code, building code, and any other applicable municipal code standards;

B.    New, expanded, or changed uses of property are regulated to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development are properly related to the proposed sites and surrounding sites and structures;

C.    Prevent adverse impacts, unsightly, or hazardous site development for adjacent properties;

D.    Encourage quality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community; and

E.    Provide expeditious review of environmental impact assessments as may be required by official policy of the city;

F.    The director will be responsible for the coordination of the site plan review permit process with input from the development review committee. It is the intent that the site plan review permit process be implemented with a cooperative spirit between project proponents and the city. Further, it is recognized that the size or nature of a project may necessitate a meeting of the project proponent, affected city department representatives, and applicable review agencies to review the proposal. (Ord. 24-01 §2(Exh. A-1)).

A.    The provisions of this chapter shall apply to the following activities within the jurisdiction of the city:

1.    Any person applying for a building permit for a multi-unit dwelling; commercial, office, industrial or quasi-public building; mobile home or recreational vehicle park; public building; place of assembly; placement of or other new construction not specifically exempted by this chapter.

2.    All expansions of an existing structure that increase the square footage or size of a structure by thirty percent or more, not specifically exempted by this chapter.

B.    The provisions of this chapter shall not be applicable to the following activities:

1.    The construction, expansion, alteration, or refurbishment of a detached single-unit dwelling upon an R-1 zone district property, to include improvements such as pools, walkways, decks, fences, patio covers, accessory structures, and landscaping.

2.    Any alteration or improvement of a structure, except for changes in building occupancy classification that result in an intensification to a site or site modification.

3.    Any new construction, or alteration or expansion of a site, occurring within a combined zone district consistent with an approved development plan, unless otherwise required. (Ord. 24-01 §2(Exh. A-1)).

A.    Before a building permit is issued for any building or structure that is subject to site plan review, the director shall determine that the proposed structure conforms with the approved site plan.

B.    The city engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the city standards; and all off-site improvements (within the city right-of-way) have provided appropriate improvement security, such as a bond, cash deposit or instrument of credit.

C.    Before a certificate of occupancy is issued, the building official shall determine if all the applicable conditions of the site plan approval have been complied with. (Ord. 24-01 §2(Exh. A-1)).

The applicant shall submit sets of prints of the site plan to the planning division, in the amount and format as deemed necessary by the director. The site plan shall be drawn to scale and shall be accompanied by a completed site plan application form. The site plan shall indicate the following information:

A.    Location of the proposed project;

B.    Parcel dimensions;

C.    A site plan, drawn to scale, showing the dimensions of the perimeter of the location, area, and proposed use of all structures;

D.    Architectural elevations of each side of the proposed structure(s) showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch;

E.    A colors and materials board of all structures, walls, and fences;

F.    A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown;

G.    Fully dimensioned setbacks and space between structures;

H.    Off-street parking and loading, including the location, number of spaces, dimensions of the parking area, and the internal circulation pattern;

I.    Pedestrian, vehicular, and service vehicle access; points of ingress and egress;

J.    Signs; location, size, and height;

K.    Exterior lighting indicating the direction of illumination, type of luminaire, and hooding or shielding devices;

L.    Street dedications and improvements;

M.    Preliminary drainage plan including direction of natural drainage courses and drainage improvements;

N.    Preliminary landscaping plan;

O.    Fire protection equipment and improvements as required by the fire department;

P.    Other data may be required by other sections of this title or as necessary to permit the director to make the required findings. (Ord. 24-01 §2(Exh. A-1)).

A.    Within thirty days after the first submittal for a site plan review permit, the director shall determine whether the application submittal is complete or incomplete. The applicant shall be noticed in writing of the completeness determination of the site plan review submittal.

B.    An application for a site plan review permit which requires an environmental determination other than a categorical exemption or is processed concurrent with another discretionary entitlement shall be considered and approved by the commission.

C.    When, in the opinion of the director, the site plan review permit application submitted is of significant consequence or magnitude or involves potential public controversy, the director may refer said application to the commission for review and action.

D.    Applications for site plan review permit which do not require action by the commission may be processed and approved by the director. The director shall disperse plans to affected city departments and agencies and coordinate the review process.

E.    The director shall approve, approve with conditions, or deny the site plan based on compliance with the requirements of this section. In approving the site plan review permit, the director shall find that:

1.    The proposed development complies with the general plan, zoning code, and other applicable provisions of the Kerman Municipal Code;

2.    New, expanded, or changed uses of property are arranged to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development will not create an adverse effect on surrounding structures or properties;

3.    The proposed development prevents adverse impacts, unsightly, or hazardous site development for adjacent properties;

4.    The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;

5.    The proposed development incorporates quality site design elements in a manner which will enhance the physical appearance and attractiveness of the community;

6.    Certain conditions of approval are deemed necessary to protect the public health, safety and welfare of those working or living on or adjoining the proposed project; and

7.    Provide expeditious review of environmental impact assessments as may be required by official policy of the city.

F.    Notification to the applicant of approval, conditional approval, or disapproval of the application shall be provided in writing to the applicant and property owner. The director’s decision shall be final unless appealed to the commission in compliance with the procedures outlined in Chapter 17.114 (Appeals). The director shall prepare a site plan review permit agreement that outlines the conditions of the site plan review permit. This agreement shall be signed and dated by the applicant, and property owner, and returned to the division. A copy will be furnished to the applicant and one copy filed with the building division. (Ord. 24-01 §2(Exh. A-1)).

A.    The applicant may appeal the director’s decision to the commission in compliance with the procedure outlined in Chapter 17.114 (Appeals).

B.    The applicant may appeal the commission’s decision to the city council in compliance with the procedure outlined in Chapter 17.114 (Appeals). The decision of the city council shall be final. (Ord. 24-01 §2(Exh. A-1)).

A.    The city shall cause any person having a legal or equitable interest in real property located in the city to enter into a site plan approval acceptance agreement. The procedures and requirements to enter into this approval acceptance agreement are contained in this chapter.

B.    The conditions of a site plan approval acceptance agreement shall relate to the policies, standards, and improvement requirements of the city.

C.    No later than ten days after receipt of the approved or conditional approval of a site plan and prior to applications for a building permit, the applicant and property owner shall execute an acknowledgment and acceptance of the terms and conditions of the site plan agreement with the city certifying such acceptance and agreement to be bound thereby. The burdens of this agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

D.    The site plan approval acceptance agreement shall be void twelve months following the date on which approval became effective unless, prior to the expiration of one year, a building permit is issued by the building division and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for twelve-month periods of time, upon written application to the director before expiration of the approval.

E.    The site plan approval acceptance agreement may be modified upon submittal of an application for modification of a site plan review permit. The director shall administratively determine whether to approve, conditionally approve or deny said application for a modification. When the site plan review permit was approved as part of another discretionary permit, the original approving authority shall review and determine to approve, approve with conditions, or deny said modification.

F.    A site plan approval acceptance agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new regulations or policies which do not conflict with those regulations or policies to the property as contained in the agreement. (Ord. 24-01 §2(Exh. A-1)).

A.    Purpose. The purpose of this chapter is to provide a procedure for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surrounding area cannot be determined before being proposed for a specific site. Certain types of land uses may require special conditions in a particular zone or physical location within the city because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

B.    Intent. The administrative use permit procedures are intended to streamline development review and entitlement process and provide sufficient flexibility in the use regulations to further the objectives of this zoning code and to provide the city with the opportunity to protect the integrity of areas of the city by imposing special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. (Ord. 24-01 §2(Exh. A-1)).

Approval of an administrative use permit is required to establish any proposed land use identified in Division 2 (Zones, Allowable Uses, and Development Standards) as requiring an administrative use permit. (Ord. 24-01 §2(Exh. A-1)).

The director may approve, conditionally approve, or deny an administrative use permit application based on compliance with the requirements of this section, unless otherwise restricted by state law. Development on a site shall comply with all applicable standards established in this zoning code and the municipal code. (Ord. 24-01 §2(Exh. A-1)).

A.    An application for an administrative use permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B.    The application shall include the information and materials specified in the most up-to-date division handout for administrative use permit applications, together with the required fee in compliance with the fee schedule.

C.    It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.82.050 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).

The director shall approve or conditionally approve an administrative use permit application if all the findings in this section can be made. In the event the director determines an application for an administrative use permit does not comply with one of more of the findings established in this section, the application shall be denied.

A.    The proposed use is consistent with the general plan, any applicable specific plan, and this zoning code;

B.    The proposed use is allowed within the subject zone and complies with all other applicable provisions of this zoning code and the municipal code;

C.    The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

D.    Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the city, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and

E.    The project site is:

1.    Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone;

2.    Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and

3.    Served adequately by public water, sewer, and storm drainage facilities. (Ord. 24-01 §2(Exh. A-1)).

When considering approval of an administrative use permit, the director may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.82.050 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).

A.    There is no public hearing required for an administrative use permit. The director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any.

B.    The director shall notify the applicant and property owners within one hundred fifty feet of the proposed project in writing of the director’s intended decision to approve or deny an administrative use permit for the proposed project within ten calendar days of the date the notification is mailed. (If the tenth day is a weekend or city holiday, the deadline is extended to the next working day). The director may consider written comments from affected property owners as part of the final decision on the administrator use permit. (Ord. 24-01 §2(Exh. A-1)).

The applicant may appeal the director’s decision within ten calendar days of the decision, or if the tenth day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).

An administrative use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter. (Ord. 24-01 §2(Exh. A-1)).

Modifications and changes to an approved administrative use permit shall be requested and processed in compliance with Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).

Because of their unusual characteristics, or the special attributes of the area in which they are to be located, certain uses in the city’s zones are allowed subject to the granting of a conditional use permit. Conditional uses require special consideration so that they may be properly located concerning the objectives of this title and their effect on surrounding properties. (Ord. 24-01 §2(Exh. A-1)).

A.    A conditional use permit application shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B.    The application shall include the information and materials specified in the most up-to-date division handout for conditional use permit applications, together with the required fee in compliance with the fee schedule. (Ord. 24-01 §2(Exh. A-1)).

A.    Before setting a public hearing for the commission on an application for a conditional use permit, the director shall first review the application to determine if it is complete. If the application is complete the director shall fix the public hearing date at which the conditional use permit will be considered and shall give public notice in compliance with Section 17.116.030 (Noticing requirements for permits) of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and general plan finding for the conditional use permit shall be made available to the commission, interested agencies, and the public.

B.    The commission shall hold a public hearing on the proposed conditional use permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed conditional use permit.

C.    The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).

D.    The commission may approve a conditional use permit as requested, or in a modified form, if, based on the application and the testimony submitted, the commission can make the following findings:

1.    The proposed establishment, maintenance, and operations of the use applied for will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the city;

2.    The proposed use is consistent with the general plan, zoning code, applicable specific plans, and other city policies or programs;

3.    The environmental document is prepared in compliance with the California Environmental Quality Act (CEQA);

4.    The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zones for which the use is proposed. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission, by resolution, may approve, approve with conditions, or deny without prejudice a conditional use permit application based on compliance with the requirements of this section. The resolution shall describe the basis for the decision, including the findings contained in Section 17.84.030 (Actions).

B.    The decision of the commission shall be final unless appealed to the council.

C.    The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).

A.    Appeals to the commission’s decision shall be made to the council in compliance with Chapter 17.114 (Appeals).

B.    Upon an appeal of the commission’s action, the council shall hold a public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission can approve a conditional use permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features and uses:

1.    Setbacks, spaces, and buffers;

2.    Fences and walls;

3.    The enclosure of storage areas and limitation on the out-of-door display of merchandise;

4.    Grading, surfacing, and drainage improvements;

5.    Vehicular ingress and egress;

6.    Regulation of signs;

7.    Fire prevention equipment and measures;

8.    Regulation of noise, vibration, odors, electrical discharge, or interference;

9.    Regulation of lighting;

10.    Street dedication and improvements;

11.    Hours of operation; and

12.    Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this title.

B.    Conditions contained in a conditional use permit can only be required to achieve the objectives of this code. Conditions that require dedication of land for a purpose not related to the use of the property or the posting of a bond to guarantee the installation of public improvements not related to the use of the property shall be prohibited. (Ord. 24-01 §2(Exh. A-1)).

A.    A conditional use permit shall lapse and become void twelve months from the date it became effective if the benefactor of the use is not operating within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, the benefactor can demonstrate evidence of the use being in progress in the form of submittal for plan review of construction plans, procurement of a building permit issued by the building division, or commencement of construction for the purpose of operating the use.

B.    A conditional use permit shall lapse and become void if there is a discontinuance of the use for a continuous period of twelve months.

C.    A conditional use permit may become null and void if both the property owner and the benefactor submit in writing to the director their intent to extinguish allowed activities under the conditional use permit. The conditional use permit shall become null and void immediately without further notice. (Ord. 24-01 §2(Exh. A-1)).

A.    A conditional use permit may be renewed for an additional twelve months or for a lesser or greater time as may be specified; provided, that a renewal application is filed with the commission before the expiration of the time granted.

B.    The commission by resolution may approve, approve with conditions, or deny an application for the renewal of a conditional use permit. The resolution shall describe the findings of the commission regarding the decision. (Ord. 24-01 §2(Exh. A-1)).

A conditional use permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).

The purpose of this chapter is to allow for short-term, temporary activities for a limited duration of time that would be compatible with the subject site, and adjacent and surrounding uses when conducted in compliance with this chapter. (Ord. 24-01 §2(Exh. A-1)).

A.    General. A temporary use permit shall be required for land uses specified in Division 2 (Zones, Allowable Uses, and Development Standards) as requiring a temporary use permit. Additionally, at the discretion of the director, a temporary use permit shall be required for any short-term, temporary activities that might not meet the normal development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature.

B.    Conditionally Allowed Uses. Short-term, temporary land uses and activities that require the approval of a conditional use permit in Division 2 (Zones, Allowable Uses, and Development Standards), shall be referred to the commission for decision in compliance with Chapter 17.84 (Conditional Use Permit). (Ord. 24-01 §2(Exh. A-1)).

A.    An application for a temporary use permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B.    The application shall include the information and materials specified in the most up-to-date division handout for temporary use permit applications, together with the required fee in compliance with the fee schedule. (Ord. 24-01 §2(Exh. A-1)).

The following uses or activities are eligible for a temporary use permit and may be processed as an administrative matter by the director:

A.    Sales of Christmas Trees. Outdoor sales of Christmas trees between November 15th and January 2nd of the next year provided a sales permit is obtained. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded. All Christmas trees, signs, or other related structures shall be removed from the outdoor area no later than January 2nd.

B.    Promotional Displays and Activities. Private promotional displays and activities including, but not limited to, amusement rides, street dances, concerts, live entertainment, and promotional outdoor displays; and sales may be conducted on property in commercial, mixed use, and industrial zones. The activities shall be conducted only within the buildable portion of the parcel. Temporary signs on the site are allowed only with the approval of the director; provided, that a temporary sign permit is obtained, and all signs are removed within twenty-four hours of sales end. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded.

C.    Temporary Uses. The director may authorize the temporary use of the property in any zone for a period not to exceed two consecutive weeks, and no more than two separate events in a calendar year at a single location for an exposition, concert, carnival, amusement ride, or place of assembly revival.

D.    Temporary Sales or Construction Offices. A temporary modular office established to manage sales or construction of residential and nonresidential parcels may be authorized in any zone. Temporary signs are allowed subject to the approval of the director.

E.    Temporary Construction Structures. Temporary structures or trailers associated with construction projects for the housing of tools, equipment, building assembly operations, and supervisory offices in connection with major construction projects.

F.    Temporary Outdoor Sales. Temporary outdoor sales and parking lot sales in association with an allowed business that is within an enclosed building that is located on the same parcel of record. These outdoor sales shall not occur more than fourteen days per calendar year.

G.    Temporary Residences. The temporary use of a self-contained trailer or recreational vehicle as a dwelling unit for a period of up to thirty days.

H.    Temporary Mobile Office Structure. Mobile office structures are allowed in any zone for no more than six months subject to the regulations contained in Section 17.40.060 (Mobile and temporary office structures). A temporary use permit for a mobile office structure may be renewed for one additional six-month period. Mobile office structures proposed for a period to exceed a year shall be subject to an administrative use permit in compliance with Chapter 17.82 (Administrative Use Permit). (Ord. 24-01 §2(Exh. A-1)).

A.    Garage, yard, estate sales at a single-unit or multi-unit dwelling residence;

B.    Mobile food vendors;

C.    Outdoor sales and events on sidewalks. (Ord. 24-01 §2(Exh. A-1)).

A temporary use permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).

Approval of this use may be renewed for a period not to exceed six months. At their discretion, the director may refer the application for a temporary use permit to the commission for action. (Ord. 24-01 §2(Exh. A-1)).

Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this title may result from the strict application of certain provisions of this code, variances may be granted as provided in this chapter. The granting of any variance and the conditions attached to the grant shall ensure that the variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. (Ord. 24-01 §2(Exh. A-1)).

The applicant shall submit site plan print sets in the form and quantity as deemed necessary by the director, and a completed variance application form. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission shall hold a public hearing on the proposed variance permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed variance.

B.    The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).

C.    The commission may grant an application for a variance permit as requested or in a modified form if, based on the application and the testimony submitted, the commission can make the following findings:

1.    Any variance permit granted shall be subject to the conditions as will ensure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

2.    Because of exceptional circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning law is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

3.    The granting of the variance permit will not be contrary to the intent of this title or the public safety, health, and welfare or injurious to other properties in the vicinity.

4.    A variance has not been granted for use or activity which is not authorized by the zone regulations governing the parcel of property.

5.    A variance shall not be granted on economic grounds. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission by resolution may approve, approve with conditions, deny, or deny without prejudice a variance permit. The resolution shall describe the basis for the decision, including the findings contained in Section 17.74.030 (Actions).

B.    The decision of the commission shall be final unless appealed to the council.

C.    The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).

A.    Any person, including the director, may appeal the commission’s decision to the council in compliance with the procedure specified in Chapter 17.114 (Appeals).

B.    Upon appeal of the commission’s action, the council shall hold a new public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).

A variance permit can be approved subject to the conditions. The conditions shall ensure that the variance does not constitute a grant of special privileges and that the purpose and intent of this zoning code and the general plan are met. (Ord. 24-01 §2(Exh. A-1)).

A minor deviation permit may be granted, upon written request, as an administrative matter by the director and subject to the conditions they may impose. (Ord. 24-01 §2(Exh. A-1)).

A.    The granting of a minor deviation permit shall not be subject to the notice or public hearing procedures specified in this zoning code.

B.    A minor deviation shall be defined as a variance of twenty percent or less from zone standards specified in Division 2 (Zones, Allowable Uses, and Development Standards) of this title, not including density but including parcel area, parcel dimensions, setback distance, parcel coverage, height limitations, parking requirements, or other zone standard requirements.

C.    The director shall prepare an administrative agreement approving, approving with conditions, or denying the request. A copy of this agreement shall be sent to the applicant within five working days of the decision. The decision of the director is final unless appealed to the commission in compliance with the procedures described in Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).

A.    The purpose of this chapter is to ensure persons developing property in the city that upon approval of a development project, the persons may proceed with the project in compliance with existing policies, rules and regulations, and conditions that were applicable at the time of the project approval.

B.    The intent is to allow larger scale and longer term development projects that provide benefits to the city to have some guarantees and commitments from the city; provided, that the development provides commitments and guarantees to the city in return. (Ord. 24-01 §2(Exh. A-1)).

Government Code Section 65865 provides that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. (Ord. 24-01 §2(Exh. A-1)).

The development agreement shall be consistent with the general plan, zoning code, and any applicable specific plan. (Ord. 24-01 §2(Exh. A-1)).

A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following:

A.    Name and address of the agent, if applicable, and proof of authority of the agent to act for the property owner;

B.    Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;

C.    Assessor’s parcel number;

D.    Legal description;

E.    A narrative description of the proposed development as follows:

1.    Project description,

2.    Provisions for reservation or dedication of land for public purposes,

3.    Method of project financing,

4.    Construction phasing,

5.    Conditions, restrictions, or terms that will be attached to the development agreement. (Ord. 24-01 §2(Exh. A-1)).

Approval of a development agreement shall require the approval of the commission and council. Where a discretionary permit or zoning map amendment is required for the project in which the development agreement is to apply, the application may be considered part of that permit or zoning map amendment request and reviewed and approved in conjunction with that permit or zoning map amendment. A public hearing as specified in Chapter 17.116 (Public Notices and Hearings) shall be held when a development agreement is considered by the commission or the council. (Ord. 24-01 §2(Exh. A-1)).

The commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the commission shall make its recommendation in writing to the council. The recommendation shall include the commission’s determination whether the development agreement proposed:

A.    Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

B.    Is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;

C.    Conforms with public convenience, general welfare, and good land use practice;

D.    Will not be detrimental to public health, safety, and general welfare. Will not adversely affect the orderly development of property;

E.    Will provide sufficient benefit to the city to justify agreeing. (Ord. 24-01 §2(Exh. A-1)).

A.    The council shall hold a public hearing on the proposed development agreement. It may accept, modify, or disapprove the recommendation of the commission. The council shall not approve the development agreement unless it adopts the findings contained in Section 17.92.060 (Commission hearing) to support its action.

B.    If the council approves the development agreement, it shall do so by the adoption of an ordinance in compliance with Government Code Section 65867.5. (Ord. 24-01 §2(Exh. A-1)).

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5. (Ord. 24-01 §2(Exh. A-1)).

A.    Within ten days after the city enters into the development agreement, the director shall have the agreement recorded with the county recorder.

B.    If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for the failure of the applicant to comply in good faith with the terms or conditions of the agreement the director shall have notice of the action recorded with the county recorder. (Ord. 24-01 §2(Exh. A-1)).

The director shall review the development agreement at least once every twelve months from the date the agreement is entered into. The director shall report the findings of their review to the commission and council. The time for review may be modified by agreement between the parties. (Ord. 24-01 §2(Exh. A-1)).

The approval body which approved the entitlement, permit, or approval in question (i.e., director, commission, council) may modify any permit, approval, or entitlement by amending drawings and plans, and any conditions of approval imposed upon it.

A.    Application.

1.    A development or land use allowed through an administrative use permit, conditional use permit, home occupation permit, minor deviation, development plan review permit, sign permit, sign program, site plan review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.

2.    An applicant shall request desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3.    Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (i.e., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the review authority.

4.    Changes shall be approved before implementation of the changes and may be requested either before or after construction or establishment and operation of the approved use or development.

B.    Notice and Hearing. If the matter originally required a notice of public hearing, the review authority shall hold a public hearing, except for the minor modification established in subsection C of this section, and shall give notice, in compliance with Section 17.96.030 (Noticing requirements for permits).

C.    Minor Modification. The director may authorize minor modifications to an approved site plan, architecture, or the nature of the approved use only if the changes:

1.    Are consistent with all applicable provisions of this title and the spirit and intent of the original approval; and

2.    Do not involve a feature of the project that was:

a.    A basis for findings in a negative declaration or environmental impact report for the project;

b.    A basis for conditions of approval for the project; or

c.    A specific consideration by the reviewing authority (i.e., director, commission, council) in granting the permit or approval.

D.    Major Modification. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section and shall only be approved by the review authority through a new application or modification, processed in compliance with this title. (Ord. 24-01 §2(Exh. A-1)).

Any planning permit may be revoked if any of the following apply:

A.    The planning permit was obtained by fraud;

B.    One or more of the terms or conditions upon which a permit was granted has been violated;

C.    The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance. (Ord. 24-01 §2(Exh. A-1)).

Instead of revocation, the director, commission, or council may modify any permit by amending existing or adding new conditions. (Ord. 24-01 §2(Exh. A-1)).

The hearing to revoke or modify a permit may be initiated by order of the commission or the council, or at the request of the director. The order shall contain the grounds for revocation or modification. (Ord. 24-01 §2(Exh. A-1)).

The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this title. Before the date of any hearing to revoke or modify a permit, the director shall:

A.    Give notice of a public hearing no less than ten days before the hearing;

B.    Serve a copy of the order and a written notice of the time and place of the hearing upon the person whose name and address appear as the owner of the premises on the latest tax roll of the county and upon the person in possession of the premises involved. Service of the notice and the order shall be made in the manner required by law for the service of a summons, or by registered or certified mail, postage prepaid;

C.    Cause a copy of the order and a notice of the time and place of the hearing and a copy of the order to be sent to the public offices, departments, or agencies who, in the opinion of the director, may be interested in the proceedings. (Ord. 24-01 §2(Exh. A-1)).

A.    Planning Commission. The commission shall have authority over all permit revocations or modifications originally approved by the commission. The commission shall also have the authority to revoke any permit approved by the director. Upon considering evidence and testimony presented at the public hearing, the commission shall render its decision as to whether the permit should be revoked or modified.

B.    Director. The director has the discretion to modify, but not revoke, any permit originally approved by the director. Modifications to planning permits granted by the director shall not require a public hearing. The director’s decision shall be final unless appealed to the commission. (Ord. 24-01 §2(Exh. A-1)).

Any person dissatisfied with the decision of the director may appeal the decision to the commission. Any person dissatisfied with the decision of the commission may appeal the decision to the council. All appeals must be submitted to the city clerk within five working days after the decision was made. (Ord. 24-01 §2(Exh. A-1)).

Following the appeal of the commission’s decision on the revocation or modification of a permit, the council shall hold a public hearing on the revocation or modification action. Upon considering evidence and testimony presented at the public hearing, the council shall render its decision as to whether the permit should be revoked or modified. The decision of the council is final. (Ord. 24-01 §2(Exh. A-1)).

The purpose of the development plan review permit is to provide the city with a planning and design "tool" that can be used in assisting developments in planned development and smart development combining districts achieve comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the general plan. (Ord. 24-01 §2(Exh. A-1)).

A.    An application for a development plan review permit shall be required for all proposed developments in a combining zone district.

B.    The provisions of this chapter shall apply to the following activities within the jurisdiction of the city:

1.    Applicable Development Projects. A development plan permit shall be required for all residential and nonresidential development projects within a combining zone district.

2.    Development Plan Review Permit Precedes Building or Grading Permits. For projects proposed within a combining zone district, a building or grading permit shall not be issued until the development plan review permit has been approved in compliance with this chapter.

3.    Activities Only Allowed in Base Zoning District. A development plan review permit shall not authorize a land use activity that is not allowed in the base zoning district.

C.    Modify Standards. The development plan review permit may adjust or modify, where necessary and justifiable, all applicable development standards (i.e., parcel coverage, structure height, setbacks, fence and wall heights, landscaping, open space) identified in this zoning code, with the exception of an increase in the applicable general plan density.

1.    If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.

2.    If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.

3.    If a combination of public and private streets is used, then only that total area of all public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.

D.    Development plan review shall comply with Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards), Chapter 17.48 (Single-Unit Dwelling Design Standards), and any other development guidelines adopted by resolution of the city council.

E.    Residential development projects with increased density or intensity standards may only be approved in compliance with state law (Government Code Section 65915 and Chapter 17.42 (Density Bonuses)). (Ord. 24-01 §2(Exh. A-1)).

A.    Before a building permit is issued for any building or structure that is subject to a development plan review, the director shall determine that the proposed structure conforms with the approved development plan.

B.    The city engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the city standards; and all off-site improvements (within the city right-of-way) have provided appropriate improvement security, such as a bond, cash deposit or instrument of credit.

C.    Before a certificate of occupancy is issued, the building official shall determine if all the applicable conditions of the development plan have been complied with. (Ord. 24-01 §2(Exh. A-1)).

A.    The applicant shall submit sets of prints of the development plan to the division, as deemed necessary by the director. The development plan review application materials shall include the following:

1.    Site plan drawn to scale with the following information:

a.    Legal description and boundary survey map of the exterior boundaries of the parcel to be developed;

b.    Plot plan of land to be developed, showing residential uses by type, number, and size; residential parcels by type, number and size; open space uses; streets, rights-of-way and easements; and proposed on-site and off-site improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure;

2.    A grading and drainage plan, showing elevations, directions of water flow and storm drainage improvements;

3.    Concept plans that demonstrate the overall scope of the development including general arrangement of all open space and landscaping;

4.    A preliminary utility plan;

5.    Preliminary title report;

6.    The anticipated timing of each development phase;

7.    Elevation drawings and floor plan drawings of proposed structures in the development; and

8.    Document requesting specific modifications to development standards and justification or information demonstrating how the proposed development is superior to traditional development of the recent past by increasing walkability and connectivity. (Ord. 24-01 §2(Exh. A-1)).

A.    Before setting a public hearing for the commission on an application for a development plan review permit, the director shall first review the application to determine if it is complete. A complete development plan review permit shall be noticed in compliance with Section 17.116.030 (Noticing requirements for permits) of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and general plan finding for the development plan review permit shall be made available to the commission, interested agencies, and the public.

B.    The commission shall hold a public hearing on the proposed development plan review permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed development plan review permit.

C.    The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.96 (Public Notices and Hearings).

D.    The commission may approve a development plan review permit as requested, or in a modified form, if, based on the application and the testimony submitted, the proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and other substantial public benefit. In making this determination, the following factors should be considered:

1.    Appropriateness of the use(s) at the proposed location;

2.    The mix of uses, housing types, and housing price levels;

3.    Provision of infrastructure improvements are adequate to meet the needs of the development;

4.    Provision of open space. For example, a greater amount of open space or unique community amenities than would otherwise be provided under the strict application of this code;

5.    Connectivity to public trails, schools;

6.    Compatibility of uses within the development area;

7.    Creativity in design and use of land;

8.    Quality of design, and adequacy of light and air to the interior spaces of the buildings; and

9.    Overall contribution to the enhancement of neighborhood character and to the built and natural environment of the city in the long term. (Ord. 24-01 §2(Exh. A-1)).

The commission, by resolution, may approve, approve with conditions, or deny without prejudice a development plan review permit application based on compliance with the provisions of this chapter. The resolution shall describe the basis for the decision, including the findings contained in Section 17.96.060 (Action). The decision of the commission shall be final unless appealed to the council. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).

A.    Appeals to the commission’s decision shall be made to the council in compliance with Chapter 17.114 (Appeals).

B.    Upon an appeal of the commission’s action, the council shall hold a new public hearing and notice such public hearing in compliance with Chapter 17.116 (Public Notices and Hearings). It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission can approve a development plan review permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features:

1.    Architectural appearance, design, and materials;

2.    Building setbacks, heights, and coverage;

3.    Fences, walls, and hedges;

4.    Parking requirements;

5.    Location of service/common use areas;

6.    Open space, landscaping, and irrigation;

7.    Facilities, improvements, and utilities;

8.    Vehicular ingress, egress, and internal circulation;

9.    Grading, surfacing, and drainage improvements;

10.    Regulation of signs;

11.    Fire prevention equipment and measures;

12.    Regulation of noise, vibration, odors, electrical discharge, or interference;

13.    Regulation of lighting;

14.    Easements, street dedication and improvements; and

15.    Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this title.

B.    Conditions contained in a development plan review permit can only be required to achieve the objectives of this title. (Ord. 24-01 §2(Exh. A-1)).

The commission shall designate the development standards for which a project is being considered under the development plan review permit. Whenever development standards are not designated by the commission, such standards specified within Chapter 17.18 (Combining Zones) shall apply to all land and structures. (Ord. 24-01 §2(Exh. A-1)).

A.    The development plan review permit shall lapse and become void twenty-four months from the date it became effective if the use is not utilized within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, a building permit was issued by the building division and construction has commenced.

B.    A development plan review permit may become null and void if both the property owner and the benefactor submit in writing to the director their intent to extinguish allowed development under the development plan review permit. The development plan review permit shall become null and void immediately without further notice. (Ord. 24-01 §2(Exh. A-1)).

A development plan review permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).

A.    The purpose of this chapter is to comply with Public Resources Code Section 21082 et seq. that mandates local agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the director shall conduct a preliminary assessment of potential environmental issues.

B.    The purpose of this review is to help the city decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the director has deemed necessary to make an environmental determination. (Ord. 24-01 §2(Exh. A-1)).

The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to all projects, activities, or actions as defined under Public Resources Code Section 21000 et seq. (Ord. 24-01 §2(Exh. A-1)).

The director shall be charged with the responsibility of coordinating and directing the environmental review and preparation of environmental documents pursuant to the procedures established by Public Resources Code Section 21000 et seq. (Ord. 24-01 §2(Exh. A-1)).

If the director determines that a development application is subject to review under CEQA, within thirty days after determining that the application is complete, the director shall determine if the project is exempt from environmental review pursuant to state law, CEQA Guidelines and any environmental guidelines that the city has adopted in compliance with CEQA.

A.    If the director determines that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.

B.    Following approval of a project that is exempt from CEQA review, the director or the applicant may file a notice of exemption with the Fresno County clerk and state clearinghouse, or as may be required by statute. The applicant for a project shall be responsible for any fees required to file such notice. (Ord. 24-01 §2(Exh. A-1)).

A.    Initial Study. If a project is not exempt from environmental review, the director shall prepare or cause the preparation of an initial study composed of applicable technical studies at the applicant’s expense. The director shall then determine whether to require preparation of an environmental impact report (EIR), negative declaration or mitigated negative declaration or whether the project is within the scope of a master EIR, or other appropriate document authorized by CEQA.

B.    Determination of Findings. Based on the initial study, the director will make one of the following findings and prepare the appropriate environmental documentation in compliance with state law, CEQA guidelines and any environmental guidelines that the city has adopted in compliance with CEQA:

1.    The project will have "No Significant Impacts" on the environment, and a negative declaration will be prepared;

2.    The project has been modified to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared;

3.    The project is within the scope of a master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or

4.    The proposed project will have, or may have, significant impact(s) and an EIR will be required. (Ord. 24-01 §2(Exh. A-1)).

A.    Prior to approving a project, the decision-making body shall consider the proposed negative declaration, mitigated negative declaration, or environmental impact report, together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis (CCR Title 14, Section 15074).

B.    When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.

C.    When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (Ord. 24-01 §2(Exh. A-1)).

No review or request for review of an environmental determination shall be considered for a development application until the required fee set by resolution of the city council has been paid. (Ord. 24-01 §2(Exh. A-1)).